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A comparison of Czech and German regulations of contractual representation with regard to the proposed regulation in the new Civil Code draft
Hlavová, Lucie ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
LEGAL COMPARISON OF REPRESENTATION GRANTED BY THE PRINCIPAL UNDER THE CZECH AND GERMAN CIVIL CODE WITH REGARD TO THE PROPOSAL OF A NEW CZECH CIVIL CODE Legal representation (agency) belongs to the most important legal institutes within the private autonomy of each person. Acting on behalf of the principal, the representative (agent) has the authority to affect directly the legal position of the principal. The valid Czech Civil Code of 1964 regulates this legal institute in only a few provisions, the commentaries on this Act and civil law books deal only with the basic information and there is not a single Czech monograph on this topic. It may invoke that this institute is not the complicated one but this would be fully wrong. There are many questions regarding the relationship between the principal and the representative or between the representative and the third party. A lot of problems are traditionally caused by the legal authority, its scope and ending. In order to create a modern private law in the Czech Republic, which should put an end to the legal development of the past decades influenced by socialism, a new Civil Code should be created. This gives a chance also to a better regulation of agency adequate to the right of people to determine their private sphere and to the protection of third parties...
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Arbitration procedure in the Czech Republic
Veselý, Jan ; Smolík, Petr (advisor) ; Zoulík, František (referee)
61 Resumé Arbitration Proceedings in the Czech Republic Arbitration proceedings represent an out-of-court method of settlement of property disputes. It allows the parties that their dispute can be heard and decided before arbitrators or a permanent arbitration court. The basic characteristic features of the arbitration proceedings consist in particular in their promptness, certain informality and in the fact that the dispute is heard and decided in a single instance. The result of the arbitration proceedings consists usually in rendering an arbitral award having the effect of a final and conclusive judicial decision granted by the law. The basic legal regulation of the arbitration proceedings in the Czech Republic is provided by Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral awards ("Arbitration Act"). Only property-related disputes may be heard and decided in the arbitration proceedings, namely provided that such a dispute would otherwise fall within the jurisdiction of the courts of general jurisdiction and that the parties could resolve the subject-matter of such a dispute by conciliation. From the subject-matter of the arbitration proceedings, the Arbitration Act expressly excludes disputes resulting from bankruptcy or composition proceedings, disputes over enforcement of decisions...
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Rights and duties of a forest owner
Novotný, Jan ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee)
87 Abstract Rights and Duties of Forest Owner The purpose of my final thesis is to analyse rights and duties of a forest owner. Legal regulation of forest management is necessary for many reason. Above all, there is public interest in protection and preservation of forest as an irretrievable component of the environment. The thesis is composed of eleven chapters, each of them dealing with different aspects of forest management. First three chapters are introductory. They describe the development of ownership structure and forest categories. Then it looks at relevant Czech legislation, in particular at the Forest Act (N. 289/1995 Coll., as amended) and Act N. 114/1992 Coll., as amended, providing for the protection of nature and landscape. Chapter Four characterises the term Forest and discusses property rights to forests and their restrictions by the forest and forest-relating regulation. At this stage, I outline the basic duties of forest owner in his business activities. Next chapters focus on the main topic of my thesis, namely legal regulation of forest protection, specifically protection of land designated to fulfil the function of forest, protection of forest business activities and protection of forest against detrimental agents. A forest owner is obliged to follow broad set of conditions and limits...
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Contractual penalty and its relationship to damages under the Commercial Code
Čáp, Michal ; Oehm, Jaroslav (referee) ; Patěk, Daniel (advisor)
56 VII. Summary in English CONTRACTUAL PENALTY AND ITS RELATIONSHIP TO THE DAMAGES PURSUANT TO THE (Czech) COMMERCIAL CODE The purpose of my thesis is to analyse (i) contractual penalty; (ii) damages; and (iii) relation between these afore-mentioned institutes pursuant to the Czech Commercial Code. The reason for my research is that, basically, the use of the contractual penalty excludes the claim for damages. Despite of these, there are several issues coming out from the application of these two instruments among. The paper is not only describing current legislation; it also takes into the account the continuing process of adopting the new Commercial Code, provided that the current is more than forty years old. The paper provides also an outline of the relevant Czech case law regarding each institute; as well as their mutual connexion. The thesis is composed of five main chapters. Chapter I. is introductory and defines the scope of this work. Chapter II. examines the relevant Czech legislation regarding the contractual penalty. This Chapter consists of thirteen parts, each of which describes particular aspects of the contractual penalty. Firstly, the current legislation governing the contractual penalty may be found in this Chapter. The contractual penalty is mentioned just in five sections of the acts: in...
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The Supreme Court and its role within judiciary
Stočesová, Dita ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
93 Supreme Court and Its Role in the Court System Summary The target of my diploma work titled "Supreme Court and Its Role in the Court System" is in particular to inform the readers about the activities, functions and composition of the supreme body of judicial power and to analyse the individual unifying functions of the Supreme Court, i.e. crucial functions from the viewpoint of unification of the decision-making practice of courts of lower instance. I believe that this work provides a complex view of these issues to the readers and contributes to understanding of the essence of this supreme judicial institution and enables the readers to make their own ideas how the Supreme Court is successful in pursuing its mission in a legal state. My diploma work consists of six chapters. The first chapter contains a definition of the Supreme Court of the Czech Republic and a historical outline of its most important stages in the development of decision-making activities since the establishment of the Czechoslovak Republic. The second chapter includes information for the reader about the internal organization of the Supreme Court, which enables the reader to better understand which collective bodies decide on individual matters under the powers of the Supreme Court of the Czech Republic and what is the composition...
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Lease and ownership of non-residential premises
Oberstein, Roman ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
60 Lease and ownership of non-dwelling spaces The goal of this thesis is to give an overview of the existing legal regulations applicable to lease and ownership of non-dwelling spaces. Despite the fact that today's public debates are dominated by issues concerning residential spaces, I believe that this topic is vital and relevant. Many of us come across these legal regulations, especially as part of their business operations when they are in the position of a lessee of non- dwelling space. The thesis has four chapters, each addressing different aspects of this issue. The first chapter is introductory and defines basic terms used throughout the thesis. The key element is the term "non-dwelling space" that is defined by the law as a "room or a set of a rooms with a purpose different from dwelling, as decided by the competent Building Office". The second chapter focuses on the institute of non-dwelling space lease. It is divided into five sections, the first one giving a historical summary of developments in the legal regulations applicable to non-dwelling space lease. The remaining four sections concern the lease agreement (the required details and consequences of its ineffectiveness), rights and obligations of the lessor and lessee, alterations and other changes to the non-dwelling space, and last but not...
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Taxation of real property
Hlobilová, Ivana ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
59 ZDAŇOVÁNÍ NEMOVITOSTÍ REAL ESTATE TAXATION KLÍČOVÁ SLOVA: daň z nemovitostí, daň z převodu nemovitostí KEYWORDS: real estate tax, real estate transfer tax SUMMARY Taxes are constantly part of our lives, regulate our disposable income and, therefore, are still debated issue. The purpose of my thesis is to analyse real estate taxation in Czech Republic. Real estate, from the perspective of the state, is rewarding subject to tax. It's not easy to escape the tax, and income to the state budget is stable. The opinion of taxpayers as well as many experts, however, is different. Taxes related to real estate are often regarded as unfair, as some kind of penalties for possessing or investing in real estate. My thesis is focused in particular on the real estate tax and real estate transfer tax, which has been recently, discussed a lot. I try to clarify the current legal situation, evaluate it and outline the possibility of changes in the future. The thesis is composed of four chapters. Chapter one is introductory and deals with the general characteristics of taxes, sorting taxes and the tax system of the Czech Republic. The second chapter firstly defines basic terminology used in the thesis, and then mentions all the tax implications of owning and selling real estate in the Czech Republic, i.e. the income tax,...
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Pragmatic analysis of practice talks of Safety Line
Houšková, Jana ; Janovec, Ladislav (referee) ; Chejnová, Pavla (advisor)
Diploma work deals with pragmatic and stylistic anaylisis of practice talks of a Safety Line for children and adolescents. Its aim was to map and to valorize spoken speech in the frame of telephonic helpline in Prague. There is a interpretation of psychologic conceptions like a crisis, crisis intervention at the first part, which are for understending of language analysis necessery and summary of variables, which can influence language speech of consultants of the Safety Line. I mean specific of telephone communication and understanding with a man in difficult life situation. Analysis, valorizing and exercise of psychologic and language strategies (speech acts) during work with childeren is done on the basis of records of exercise talks on the Safety Line. Classification of this way acquired data make more effective method of handover of experiences in future didactic use not only for education of consultants of the Safety Line but also in schools. This work demonstrates high individuality and variability of speech of all consultants of the Safety Line in spite of his institutional conception and uniform principles of telefonie crisis intervention.
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Comparison of personal income tax base and the assessment base of social insurance in selected countries
Sobotová, Dagmar ; Vančurová, Alena (advisor) ; Klazar, Stanislav (referee)
My diploma thesis aims to show at what level is currently the similarity between social insurance and personal income tax, respectively bases for their assessment, in Croatia, Poland, Slovenia and the Czech Republic. The thesis describes the various levels of integration of personal income tax and social insurance, and present arguments for and against this integration. It also describes a system of income tax and social insurance in the given states and also specifically defines the rules for determining the taxable amount of income from employment and the base of social insurance. In the final chapter I compare tax bases and base of social insurance both in the individual countries and between them. There is also the analysis of the tax burden of income from employment. Finally, the reason of my diploma thesis is that the legal regulations of personal income tax and social insurance are among the given states very similar and that there is considerable convergence of the rules for the calculation of personal income tax base from employment income and the basis of social insurance.
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